What is the new requirement and when are you required to be compliant by?

The Canada Labour Code has added new Workplace Violence and Harassment policy, program, and training requirements for all federally regulated workplaces, that are required to be in place by January 1, 2021.

  • Understand the definition of workplace Harassment and Violence
  • Develop workplace harassment and violence prevention policies with the appropriate representatives and committees.
  • Assess the risk of workplace harassment and violence
  • Comply with Division XV.1 of Part III of the Canada Labour Code on the requirement of a policy on sexual harassment.
  • Inform and instruct your employees about the policy. Everyone in the workplace, including the employer, must participate in training about harassment and violence.

If your organization has:

  • up to 19 employees, you must develop the new policy with the health and safety representative
  • 20 to 299 employees, you must develop the new policy with the workplace committee
  • 300 or more employees, you must develop the new policy with the policy committee

What is considered Workplace Violence or Harassment?

Each province has a slightly different definition of Workplace Harassment, and you should always refer to the wording your jurisdiction provides. 

According to Part II of the Canada Labour Code, harassment and violence mean “any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.”

Violence includes assaults, attempted assault, threats, threatening behaviour, and behaviour that gives the worker reasonable cause to believe they are at the risk of injury.

What is a Federally Regulated workplace or Industry?

Federally Regulated workplaces and industries are those that have a greater responsibility to the public and must be kept fair and open to all citizens equally. The list below is not comprehensive but shows what type of businesses and industries are required to become compliant as of January 1st, 2021.

  • Air and Rail Transportation
  • TV and Radio Broadcasting
  • Port Services
  • Trucking and Bussing 
  • Telecommunications
  • First Nations Band Councils
  • Banking Institutions

Published: December 8, 2020
Last Modified: December 8, 2020